Bill Text: IL HB5029 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Smoke Free Illinois Act. Provides that smoking is allowed in facilities constructed prior to August 14, 2015 for the purpose of compliance with the Act. Requires that such facilities have signs clearly stating that the building or area is used for smoking. Grants the Department of Public Health rulemaking authority to implement this exemption. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5029 Detail]

Download: Illinois-2015-HB5029-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5029 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
410 ILCS 82/35
Amends the Smoke Free Illinois Act. Provides that smoking is allowed in facilities constructed prior to August 14, 2015 for the purpose of compliance with the Act. Requires that such facilities have signs clearly stating that the building or area is used for smoking. Grants the Department of Public Health rulemaking authority to implement this exemption. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Smoke Free Illinois Act is amended by
changing Section 35 as follows:
(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
(1) Private residences or dwelling places, except when
used as a child care, adult day care, or healthcare
facility or any other home-based business open to the
public.
(2) Retail tobacco stores as defined in Section 10 of
this Act in operation prior to the effective date of this
amendatory Act of the 95th General Assembly. The retail
tobacco store shall annually file with the Department by
January 31st an affidavit stating the percentage of its
gross income during the prior calendar year that was
derived from the sale of loose tobacco, plants, or herbs
and cigars, cigarettes, pipes, or other smoking devices for
smoking tobacco and related smoking accessories. Any
retail tobacco store that begins operation after the
effective date of this amendatory Act may only qualify for

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an exemption if located in a freestanding structure
occupied solely by the business and smoke from the business
does not migrate into an enclosed area where smoking is
prohibited.
(3) (Blank).
(4) Hotel and motel sleeping rooms that are rented to
guests and are designated as smoking rooms, provided that
all smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be
changed, except to permanently add additional nonsmoking
rooms.
(5) Enclosed laboratories that are excluded from the
definition of "place of employment" in Section 10 of this
Act. Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(6) Common smoking rooms in long-term care facilities
operated under the authority of the Illinois Department of

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Veterans' Affairs or licensed under the Nursing Home Care
Act that are accessible only to residents who are smokers
and have requested in writing to have access to the common
smoking room where smoking is permitted and the smoke shall
not infiltrate other areas of the long-term care facility.
Rulemaking authority to implement this amendatory Act of
the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(7) A convention hall of the Donald E. Stephens
Convention Center where a meeting or trade show for
manufacturers and suppliers of tobacco and tobacco
products and accessories is being held, during the time the
meeting or trade show is occurring, if the meeting or trade
show:
(i) is a trade-only event and not open to the
public;
(ii) is limited to attendees and exhibitors that
are 21 years of age or older;
(iii) is being produced or organized by a business
relating to tobacco or a professional association for
convenience stores; and
(iv) involves the display of tobacco products.

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Smoking is not allowed in any public area outside of
the hall designated for the meeting or trade show.
This paragraph (7) is inoperative on and after October
1, 2015.
(8) Any facility built prior to August 14, 2015 that
was constructed for the purpose of compliance with this
Act, including, but not limited to, buildings created
solely for the purpose of smoking at which no food or
alcohol is served and outdoor smoking areas, provided that
such facilities or areas have signs clearly stating that
the building or area is used for smoking. The Department
shall adopt any rules necessary to implement this paragraph
(8).
(Source: P.A. 98-1023, eff. 8-22-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.